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Syracuse attorney Steve Snyder had a busy afternoon Wednesday as he represented either the petitioners or a remonstrator in four of six cases before the Kosciusko County Area Plan Commission.
His clients won in each case.
And the case where Snyder represented the remonstrator may require Kosciusko County Commissioner Eddie Creighton to abstain when the commissioners vote on the plan commission's recommendation on a rezoning case.
C. Alan and Sandra Rovenstine, along with Ken and Brenda Collins, petitioned the plan commission to rezone 18.72 acres from an agricultural district to an Industrial II district. The property is on the south side of U.S. 30 and north of Old Road 30 in Etna Township.
Rovenstine's sale of the property to Collins depends on whether or not the rezoning is approved by the county commissioners. If the petition is approved by the commissioners Feb. 15 at 10 a.m., the site will be used for storage and light manufacturing of roofing materials.
Richard Helm, attorney for Rovenstine and Collins, said the property is "just ideally suited for the light industrial category."
Access would be off Old Road 30. Helm said any concerns the plan commission had regarding pollution, water run-off and traffic are already addressed by the ordinances in place, which the developer would have to follow.
Snyder, representing remonstrator and county administrator Ron Robinson, who lives on property adjacent to the tract in question, said there are many serious concerns, some of which are the soil types and the drainage. And, if the petition is approved, he said, then what's to stop another industry from building in the area and "into Robinson's backyard?"
"You're dealing with a piece of property that ideally is not suitable for industrial (use)," Snyder said.
He also said that since the city of Warsaw created an industrial zone near Ind. 15, there is no need to create an industrial II area 6-1/2 miles away in the middle of an agricultural area. The industrial strip on Ind. 15, Snyder said, also will have sewer and water while there is little chance of there being sewer and water at the proposed site.
Helm said Snyder's argument was inconsistent because what Collins is planning to do is similar to what the city of Warsaw is going to do (with the LRC/Rolling Hills case) - put industrial zoning in a residential area. He also said the question is not about future use but about compatibility and use.
On one side, the pluses are that the property has traffic access and a positive drainage outlet, said county surveyor and plan commission member Dick Kemper. The negatives are that it is outside the industrial corridor and the soils are not suitable for development.
Charlie Haffner, plan commission member, said, "A lot of times we fail to recognize the importance of the businesses we have but bend over backwards to bring in business." He said the business Collins wants to put in is primarily storage with light manufacturing. He moved to approve the petition and Kevin McSherry seconded. The motion failed 2 to 6.
Don Ahrms motioned to deny and Barbara Carwile seconded. The board approved 6 to 2.
After the meeting, McSherry told the plan commission that he had talked to Collins Wednesday morning and Collins told him that if the rezoning was approved, he was also planning to buy 20 more acres from Creighton Brothers, with which commissioner Eddie Creighton is affiliated. Kelly Easterday, another plan commission member, told McSherry that he should not have talked to Collins about the petition or should have told the board that he had during the meeting. McSherry said he did not know that he was not supposed to talk to petitioners before meetings.
The plan commission also approved:
• A petition by George and Jeff Guyas to rezone ground from a commercial to a residential district. The property is on both sides of Warner Road, one-fourth mile north of Ind. 13 in Syracuse.
• A petition by Habitat for Humanity to rezone 0.464 acres from an industrial II to a residential district. The property is in the county but borders on two sides of the town limits of North Webster.
• A petition by Bill Warren Jr. to rezone 3.8 acres from an agricultural to a commercial district. The property is on the east side of Ind. 15 and 500 feet north of Levi Lee Road in Plain Township.
• John Lewis Lloyd's petition to rezone 1.89 acres from an agricultural to a residential district. The property is on the west side of a 50-foot easement and 660 feet north of CR 300S in Wayne Township.
• Linda Dilling's petition for a preliminary plat approval for a residential development on 1.619 acres. The property is on the east side of CR 325E and 2,180 feet north of U.S. 30 in Wayne Township.
Members of the Kosciusko County Area Plan Commission are: Kevin McSherry, Kelly Easterday, Vic Virgil, Dick Kemper, Don Ahrms, Charlie Haffner, Norman Lovell and Barbara Carwile.
